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MAN DENIES STEALING 2 MILLION FROM FORMER SPEAKER KAPARO.

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BY NT CORRESPONDENT.

The owner of Frasam investment limited has been charged with obtaining money millions from former National Cohesion and Integration Commission chairman Francis ole Kaparo.

Samuel Ochieng Okello appeared Before Milimani Chief Magistrate Francis Andayi and pleaded not guilty.

It is alleged that on diverse dates between February 17, 2017 and February 8, 2018 in Nairobi county jointly with others not before court with intent to defraud, he obtained from Kaparo, also former Speaker of National Assembly, Sh2 million.

It is alleged that he falsely pretended that he was in position to publish a book for him titled, Order! Order! Order!, a fact he knew to be false. The money was for printing books.

The court ordered him to deposit cash bail of Sh200,000.

The matter will be heard on December 9 2019.

FORMER POLICE OFFICER ON DEATH ROW DETERMINED TO ARGUE HIS APPEAL.

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BY SAM ALFAN.

A former police officer on death row for killing his boss has expressed his desperation after spending 14 years in prison and now afford a lawyer to prosecute his appeal.

Christopher Muli told Appellate Judges Roselyn Nambuye, Martha Koome and Fatuma Sichale that a lawyer previously appointed by the court to represent him did not show up four times and he decided to personally handle his appeal. But his hopes of finding alternative legal representation failed for lack of finances.

“Maybe some police officers are trying to frustrate my case. They want to defeat justice. I will do my best to defend myself,” the bespectacled convict said in halting English. He said he was not interested in having a State-sponsored advocate.

However, Justice Nambuye said Muli deserved legal representation as of right since he was sentenced to suffer death.

The former police officer was sentenced to death for killing former base commander of Nairobi’s Spring Valley Police Station, Josephat Mittau in 2005. He was found guilty by former High Court Judge Muga Apondi mainly based on a confession he made before former Kibera Senior Principal Magistrate Margaret Kasera, in her chambers on July 26, 2005.

Muli remained defiant as the three Judges engaged him about the seriousness and consequences of his conviction and punishment. “You are entitled to legal counsel as a constitutional right. Do not give up. We understand your trial took ten years and you have been on death row for the last four years,” implored Justice Nambuye.

“The law does not allow us to proceed with your appeal without legal representation. Our hands are tied,” the Judges explained.

Justice Koome explained to him that he attended the pre-trial conference on October 30, last year when he declined to have a court-appointed lawyer. The hearing of the appeal could take longer if he continued with his recalcitrance, she said.

Finally, the bench directed the court’s deputy registrar to urgently assign a lawyer to help him argue his case which will be listed for hearing before the December recess. But in readiness for his appeal, Muli submitted detailed written arguments.

THREE DENY 4.3 MILLION TAX EVASION CHARGES.

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Samson Omondi, Monday Nyakwala and Erastus Mwololo before a Nairobi Court on Monday November 18,2019. PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Three business people have been charged with tax evasion amounting to Sh4.3 million.

Samson Omondi, Monday Nyakwala and Erastus Mwololo pleaded not guilty before Milimani Chief Magistrate Francis Andayi.

The three are accused of conspiring to evade payment of taxes amounting to 4,317,145.72 for assorted clothes.

The three are further faced charges of making an uncollected customs entry and knowingly concerned in fraudulent evasion payments of duty, thereby occasioning loss of the above amount payable to the commissioner customs and border control.

They are alleged to have committed the offences between 22 and 30 July, 2019 at Jomo Kenyatta International Airport (JKIA) jointly with others not before court.

They were released on a cash of 500,000 and bond of 1 million.

OMTATAH CHALLENGE DATA PROTECTION LAW, SAYS IT IS UNCONSTITUTIONAL.

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Human Rights activist Okiya Omtatah.

BY SAM ALFAN.

Activist Okiya Omtatah has filed a petition seeking to suspend some sections of Data Protection Act, pending hearing and determination of the case.

Under certificate of urgency, Omtatah is seeking the court to issue an interim order suspending sections 5, 6,51(2) (b) and 54 of the Data Protection Act, 2019.

The activist said the matter is extremely urgent since it seeks to arrest the impending implementation of the Act, which was enacted through unconstitutional process and also contains unconstitutional provisions.

Omtatah said President Uhuru Kenyatta assented to the Act on Friday August 8, 2019 and the new law is set to commence any time upon publication in the Kenya Gazette.

“A data protection law is a very important piece of legislation which is supposed to give further effect to the right to privacy , which is enshrined in Article 31 of the constitution 2010”, adds Omtatah.

The data protection Act,2019 is unconstitutional in it entirety since the senate was locked out of the process of enacting it since it effects the functions and powers devolved to county government’, claims omtatah.


The data protection bill omtatah adds was not subjected to effective public  participation as members of the were only given three working days to present their views.


The blanket exception was Kenya Defence forces (KDF), National Intelligence Service (NIS) and National Police Service (NPS) from complying with the Act is a breach of Article 24 of the constitution.


“The constitution is explicit that security organs are subordinate to civilian authority and are therefore subject obey the same including the right to privacy both in their operational matters as while as employees”, claimed Omtatah.

Omtatah said there were two separate data protection bills under consideration in Parliament, the data protection bill 2018 (senate bill) by the senate and the second one the data protection bill, 2019 (the National Assembly) by the National Assembly.

“After the senate bill, which the speakers of the senate and National assembly had jointly certified as a bill concerning functions and powers of county governments, had passed in the senate and had been referred to the National Assembly for further consideration,” he said.

Omtatah further said the leader of majority in the National Assembly Aden Duale introduced a bill which was largely an identical and duplicate bill on the same subject matter, but which, to short circuit the Senate, falsely claimed was a bill not concerning county governments within the meaning of article 110 of the constitution.

MWENDE MWINZI SCORES BIG ON DUAL CITIZENSHIP.

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BY SAM ALFAN.

The High Court has ruled that ambassadorial nominee to South Korea, Mwende Mwinzi, cannot be forced to renounce her American citizenship in order to take up the job.

In a judgment delivered yesterday, Justice James Makau ruled that citizenship by birth was a constitutional right that cannot be taken away by anyone.

The judge said that Mwinzi’s nomination by the President, once ratified by the National Assembly, qualified her as a public officer and not a State officer.

“There is no legislation enacted that the office of ambassador is a state office. It should be noted by the court that the office of the ambassador is a public office, the holder having been appointed by the President,” Judge Makau said.

The judge, however, dismissed the constitutional application by Mwinzi, stating that it was filed prematurely. He said the appointment to the position of ambassador is not an event but a process.

“Considering the position that the matter is still in progress and it’s not complete, the process should be allowed to be concluded,” he reasoned.

He pointed out that the President, who made the nomination, was yet to make the appointment formally on the advice of the National Assembly. “I dismiss the petition on grounds that it is premature,” he said.

Mwinzi filed a suit at the Constitutional and Human Rights Division of the High Court in February, seeking to have Parliament stopped from forcing her to renounce her US citizenship before she takes up the job.

Through her lawyer, Prof Tom Ojienda, she argued that the recommendation of the Parliamentary Departmental Committee on Defence and Foreign Relations was unconstitutional and illegal since only a state office requires an appointee to hold Kenyan citizenship alone.

According to Mwinzi, she is a US citizen by birth and cannot renounce this before taking up the position as recommended by the committee.

On May 2, President Uhuru Kenyatta nominated Mwinzi but after vetting, MPs recommended that she should only be appointed after she renounces her American citizenship.

“My US citizenship was acquired by birth and as such, my citizenship or the process of opting in was a consequence of circumstances out of my control,” she had argued.

TWO NLC NOMINEES ESTHER MURUGI AND TIYAH GALGALO BOOTED OUT.

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BY SAM ALFAN.

The Nomination of former Nyeri Town Member of Parliament, Esther Murugi and former Isiolo Women Representative, Tiyah Galgalo, as member of National Land Commission (NLC) has been invalidated.

Employment and Labour Relations Court Judge Helen Wasilwa the vetting of the two nominees by the National Assembly quashed was conducted in excess of parliamentary powers. The selection panel as constituted was incompetent but did not affect the outcpome of the process, she said.

Judge Wasilwa found that Galgalo did not have a tax compliance certificate and since she was nominated for a position she may not have been interviewed for, Parliament should not have proceeded to vet her as a suitable candidate.

“I note that it was in excess of its powers for Parliament to bend backwards and ask a nominee to go and get a document to qualify her for nomination when the duty of Parliament was to find out her suitability for nomination as presented. This was indeed improper exercise of parliamentary power, which should be exercised without regard to matters beyond its mandate to vet the nominee”, ruled Wasilwa.

Civil rights activist Okiya Omtatah had filed the petition challenging the appointment of the duo by arguing that the vetting and approval process in Parliament was a “total sham”.He had applied for the nullification of the nine nominees to the NLC, citing lack of due process..


The activist had said the constitution of the selection panel by the President was unconstitutional without inclusion of one set of stakeholders as prescribed by Parliament in the First Schedule to the NLC Act.

Omtatah accused the selection panel of conducting the recruitment exercise in an opaque manner and failing to publish the results of the interviews it conducted.  He claimed that the panel recommended to the President the appointment of persons who were neither shortlisted nor interviewed for those positions.

SONKO WAGES FRESH WAR AGAINST ANTI-GRAFT AGENCY.

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BY SAM ALFAN.

NAIROBI Governor Mike Mbuvi Sunku is on the offensive against the police and the Ethics and Anti-Corruption Commission (EACC) for deploying what he terms malicious, scandalous and petty investigations against him.

High Court Judge James Makau certified the Governor petition urgent and directed to be mentioned on November 21.

The flamboyant politician has petitioned the High Court to slam sanctions against the Ethics and Anti-Corruption Commission (EACC) for misusing their powers to cause physical, emotional and psychological harm to the very people they are supposed to protect.

The Governor said Director of Criminal Investigations, George Kinoti, the Director of Public Prosecutions, Noordin Haji, the National Police Service and the Independent Police Oversight Authority (IPOA) should investigate EACC and head of the agency investigation Abdi Mohammed since no other investigation agency is mandated to investigate them. He said he is ready to be investigated by any other agency.

In his constitutional suit, Sonko has pleaded for temporary orders to suspend the probe against him on the basis that the top State officials are likely to abuse their powers to influence adverse action against him without according him the opportunity to critique the allegations.

He said the state organs have demonstrated open bias, discrimination and unprofessionalism in investigating corruption and economic crimes. The top officials have been misusing intelligence reports from alleged whistle-blowers for personal enrichment, he claimed.

Sonko cried foul that the commission in collusion with the EACC boss and Head of Investigations, Abdi A. Mohamed, have instigated the arrest of innocent individuals allied to him and caused them to be prosecuted on frivolous claims. He admitted having had a long-running feud with the EACC and the DPP regarding unfounded allegations by purported whistle-blowers and recorded statements.

The politician said he had dutifully honoured summons by the EACC and Abdi and availed himself at Integrity Centre in Nairobi for interrogation. Almost all the allegations have been malicious since the agency is yet to finalize investigations and to forward the file to the DPP as required by law, he asserted.

The Governor has made five appearances at the commission’s headquarters within three months. He was summoned on July 30, August 27, September 22, October 28 and November 5.

He said his harassment was provoked by his hard-stance on corruption, especially Abdi’s involvement in the fraudulent transfer of Integrity Centre building and illegal sale of public utility land in Mugoya Estate. He said he personally reported the grabbing of the land to the EACC on May 27,2014 and ensured the residents of the estate kept pressure on Abdi to start investigations, which he did in August last year.

Sonko claimed that Abdi, his associates at the EACC, other public officers and influential private individuals were behind the fraudulent sale of Integrity Centre at an inflated price of Sh1.5billion so as to benefit from the proceeds.

The complaints were raised by individuals and when an inquiry was opened by the investigating agency Abdi together with his close allies interfered with the investigation and altered the investigation report prepared by the Investigating Officer Kipsang Sambai. 

” To scuttle and interfere with the investigation regarding the Integrity centre, Abdi using his office and in conjunction with his associates at the commission ensured that Kipsang  was transferred from Integrity Centre to the commission regional offices where he would not actively participate in the investigations,”, the Governor said in court papers.

He accused Abdi of orchestrating the transfer of the Investigating Officer more than three times in a span of two years without any justifiable cause so as to frustrate him and ensure that he kept off the matter. Abdi, he said, was capable of intimidating junior investigating officers under his command and influencing the outcome of investigations.

He said the commission had publicized the October 28 requiring him to appear at Integrity Centre on November 5 for questioning regarding failure to declare his past criminal record. This is when his supporters showed up in solidarity with his war on corruption.

On arrival at Integrity Cetre accompanied by his lawyer and County Attorney, his car was tear-gassed and his supporters were violently assaulted by armed policemen. There was no threat to warrant the use of force, he said.

He said officers acted under illegal instructions by mercilessly assaulting four individuals in his entourage causing them grievous bodily harm. The four are Kennedy Odhiambo Okoth, Richard Bosire, Joseph Kirai and John Abok and were charged with resisting arrest after they were denied P3 Forms.

SUSPENDED MILLERS QUESTION KEBS FINDINGS.

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BY CORRESPONDENT.

The Kenya Bureau of Standards (Kebs) has been criticized by the five millers after suspending its licences over claims of containing high aflatoxin levels in their maize products.

On Saturday, the agency banned the sale of Dola by Kitui Flour Mills, Kifaru by Alpha Grain Limited, Starehe by Pan African Grain Millers, 210 Two Ten by Kenblest Limited and Jembe by Kensal Rise Limited.

Kebs said the suspension will remain in place until the companies take corrective measures to meet Kenya’s standards.

But a day later, Kitui Flour Mills questioned the test results by Kebs and claimed that its internal auditing and tests from external laboratories showed different results.

General Manager Abdalla Said further said results differ based on the laboratories used so the “unilateral finding” that informed Kebs’ statement cannot be relied upon.

He said the finding contradicts reports from several other independent tests, which he said showed an acceptable aflatoxin level of 1.5 parts per billion (ppb) in their product against the maximum limit of 10 ppb by Kenya’s standards.

“We were taken aback by the notice issued by Kebs, which claims our product has failed the standardisation test,” he said.

Said also noted that in its 20 years of operation, it has supplied world class maize flour and helped enhance family health and the public’s well-being.

The general manager however said they were committed to working with Kebs to expeditiously resolve the matter, as their most important concern is the customer.

“While we are aggrieved by this turn of events, our company is focused on assuring our customers that the 20-year-old tradition of providing our customers with international and quality ‘unga’ cannot and will not change.

“As a responsible corporate citizen, we are committed to working with Kebs to expeditiously resolve this matter.”

The Cereal Millers Association also decried the ban, saying it did not understand the laboratory parameters Kebs used to test the affected brands. “Test results for aflatoxins differ from laboratory to laboratory,” said the miller’s chairperson, Mohamed Islam.

“Therefore, we would like to take time to understand Kebs’ methodology of testing for aflatoxins and compare it with our own independent tests, which we do from time to time.” added the company.

Kebs said the ban followed market surveillance and multiple reports from the public.

TOP TRANSPORT OFFICER IN THE DPP OFFICE JAILED FOR FOUR YEARS.

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Senior Administrative officer William Ashael Osoro of the office of the Director of Public Prosecution (DPP) before a Nairobi Court on Friday August 31,2018.

Court directed DPP Noordin Haji to take action against the officers and drivers who made unauthorized journeys and failed to account for work tickets.

BY SAM ALFAN.

Senior Principal Administrative officer in the office of Director of Public Prosecution Noordin Haji has been jailed for four years over abuse of office.

Milimani Anti-Corruption Chief Magistrate Teresia Murigi found William Ashael Osoro guilty of abuse.

“The accused to pay a fine of Shilling 600,000 or in default to serve four years imprisonment. Right of appeal within fourteen days”, ruled the magistrate.

The Magistrate sentenced him to serve four years imprisonment or pay a fine of Shillings 600,000.

The chief Magistrate said prosecution proved the first count of abuse of office beyond reasonable doubts.

“I find the accused person guilty of the offence of abuse of office contrary to section 101(1) as read with section 102A and convict him as prescribed by the law”, ruled Magistrate.

The court discredited defense evidence on the charge of abuse of office terming as a mere denial.

The accused had said he was charged because he installed a tracking device. The court however said his defense does not hold water as the auditor’s report which triggered this case was prepared even before Director of Public Prosecution Noordin Haji took office.

The court noted that, the committee that was tasked to analyze the audit report on fuel management advised DPP Haji to refer the matter to the DCI George Kinoti as it noted that there were fraudulent acts revolving the cards.

Today’s court decision may cause trouble in the office of the top prosecutor as court directed the DPP to take action against several of it staff.

“The DPP should endeavor to take the necessary action against the officers and drivers who made unauthorized journeys and failed to account for work tickets as was established in the internal auditor report and committee chaired by Warui”, ordered the Magistrate.

Ashael was accused that between September 1,2013 and April 25,2018 in Nairobi being a person employed as a senior principal administrative officer in the office of the director of public prosecution , in abuse office of the said office directed the use of fuel card for the purchase of fuel , lubricants and pit stop services valued at Kshs. 7,902,250.28 an act which was prejudicial to the office of director of public prosecution.

Ashael was acquitted the charge of stealing by a person employed by the public service.

The Magistrate said prosecution failed to prove the count of stealing.

Court found that prosecution failed to prove the ingredients of the charge. Magistrate ruled that, it is the duty of the prosecution to prove the case beyond reasonable doubt and that burden cannot shift.

“I find that the prosecution has not proved its case beyond reasonable doubt against the accused person on count two”, ruled the Magistrate.

He was accused that between September 2)1,2013 and April 25,2018 jointly with others not before court being senior principal administrative officer at the DPP’s office stole fuel , lubricants and pit stop services valued at Kshs. 7,902,250.28 the property of the office of the director of public prosecutions which came into his possession by virtue of employment.

He was out on a cash bail of shilling 600,000.

Ashael stated that the fuel cards were used to fuel ODPP vehicles and if work tickets were availed he could have proved prosecution wrong.

According to the court judgment delivered today, the witnesses from ODPP stated that they never saw the accused drawing fuel. He was in charge of card number 1122003953.

The fuel managers testified that they had never used the cards to fuel other vehicles other than the ODPP vehicles. They stated that the cards that he cards could not be used to dispense cash.

Managers from Times Towers out let and Ngara petrol station told the court they did not fuel vehicles not belonging to the office of ODPP and that the cards could not be exchanged for cash.

BUSINESSWOMAN BATTLES BANK AND FIRM TO SAVE DISPUTED PROPERTY.

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BY SAM ALFAN.

A seven-storey commercial and residential building in the expansive Huruma area in Nairobi is at the centre of a long-drawn legal battle between businesswoman Alice Wanjiru Wamwea, her former financier and a company claiming to have bought the property.

Wanjiru had sued Faulu Micro-Finance Bank, which provided her with a loan to construct the building at the popular Jonsaga area, and Oksana Investments Supplies Ltd, which bought the property through public auction for Sh87million.  

The warring parties appeared on Friday last week before High Court Judge David Majanja, who directed that the two cases should be consolidated because they had similar disputed issues for determination.  

Oksana Investments wants the court to order Wanjiru to vacate the building and give notices to tenants who are occupying the residential wing. The company further said the property was transferred to its name on September 2018, after paying land rates of Sh241,799, land rent of 162,486 and duty stamp of Sh4.4 million, among other charges.

Documents filed in court show that Oksana Investments has already used the property’s title deed to obtain a loan of Sh60 million at NIC bank. The directors have protested that they were suffering financial ruin because they cannot take possession or receive rent.

The court heard that Wanjiru has been collecting rent since March 28, 2018 and the company wants her to account for all the rent she has collected for the past one year.

In reply, the businesswoman said Oksana Investents was aware that she has filed a case against Faulu bank and the new suit against her was an abuse of the court process.

She has further dismissed ownership claims by the company and contends that it colluded with the bank to defraud her of the property, through a public auction. According to MWanjiru, Oksana presented forged or fake documents to the Registrar of Lands, for purposes of registering the title to the land.

She has accused the bank of acting in bad faith over her property and retaining Sh50 million she allegedly credited to the lender while applying for the loan facility. She has denied falling into arrears in loan repayment.

Justice Majanja directed the case to be heard on November 15.